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In Saunders v. Dyck O’Neal, Inc., No. 1:17-CV-335, 2018 WL 3453967 (W.D. Mich. July 16, 2018), defendant argued that its “direct drop” voicemails are not covered by the Telephone Consumer Protection Act (“TCPA”). The court disagreed and denied Dyck O’Neal’s motion for summary judgment. Id. at *1. Continue Reading: Direct Drop Voicemails Covered by the TCPA Read More

While businesses have been largely focused on the European Union’s implementation of the General Data Protection Regulation (“GDPR”) of late, California took its own first steps into the new frontier of consumer privacy and data protection as Governor Jerry Brown signed Assembly Bill 375, dubbed the “California Data Privacy Protection Act” on June 28, 2018.1 The Act is scheduled to… Read More

On May 31-June 1, Severson & Werson was one of 9 pre-eminent consumer financial services law firms from across the nation who sponsored the Semi-Annual Consumer Financial Services Conference of the Conference on Consumer Finance Law in Chicago, Illinois.   Scott Hyman, a member of the CCFL’s Governing Committee, moderated a panel on FinTech and Auto-Mobility.  A White Paper by… Read More

William A. Aspinwall, an Associate in Severson & Werson’s Financial Services Practice Group, will serve as a volunteer instructor for the National Institute for Trial Advocacy Training’s “Building Trial Skills: San Francisco Program” from June 25-27, 2018.  Mr. Aspinwall joined Severson & Werson’s San Francisco office in 2017, having previously served as General Counsel for a publicly-traded company and having… Read More

How should a worker’s “regular rate of pay” be computed when the worker receives a flat sum bonus in addition to an hourly wage? The answer is crucial since, under California law, an employer must pay a worker 1.5 times the worker’s “regular rate of pay” for “overtime”—that is, work in excess of 8 hours in a day, 40 hours… Read More

In 1963, Congress enacted the Equal Pay Act (29 U.S.C. § 206(d)(1)), requiring equal pay for equal work regardless of sex. Under the Act, an employer may justify paying male and female employees different wages for substantially equal work only by showing that the disparity in pay is explained by a seniority or merit system, a system basing earnings on… Read More

A copy of Erik Kemp's and Scott Hyman's article "The Consumer Financial Protection Bureau Regulates Pay-by-Phone “Convenience” Fees", CFSC Newsletter: ABA Business Law Section, (March 2018) can be found here:     https://www.americanbar.org/content/dam/aba/administrative/business_law/newsletters/CL230000/full-issue-201803.authcheckdam.pdf Read More

On March 15, 2018, in Anaheim, California, a team of Severson lawyers offered their expertise in consumer reporting to members of the California Financial Services Association. The presentation, entitled “Best Practices and Avoiding Problems in Credit Reporting”, was presented by Andrew Elliott, Scott Hyman, Rebecca Saelao, Alisa Givental, Rochelle Smith, and An Le and included topics on current developments, best… Read More

Compliance has been a top concern for mortgage professionals for the past several years. From implementation and technological difficulties to being left in a state of uncertainty—how can the industry keep focus on the core mission of serving the housing market and making the American Dream more accessible? Continue Reading: A Balancing Act with Compliance Regulation Read More

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